the other penalties shall be computed only
from the day on which the defendant
commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of
Reclusion temporal after committing a crime of
homicide should be serving a sentence of twenty
years and one day to forty years?
A: False.
The Revised Penal Code provides that Reclusion
temporal is supposed to be served twelve years
and one day to twenty years.
In the case at bar, the man committed homicide
and was punished with Reclusion temporal. The
years that was mention in the prescription was
for Reclusion perpetua.
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. —
Offenders who have undergone preventive
imprisonment shall be credited in the service
of their sentence consisting of deprivation of
liberty, with the full time during which they
have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in
the following cases:
1. When they are recidivists or have been
convicted previously twice or more times of
any crime; and
2. When upon being summoned for the
execution of their sentence they have failed
to surrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited
in the service of his sentence with four-fifths
of the time during which he has undergone
preventive imprisonment.
Whenever an accused has undergone
preventive imprisonment for a period equal to
or more than the possible maximum
imprisonment of the offense charged to which
he may be sentenced and his case is not yet
terminated, he shall be released immediately
without prejudice to the continuation of the
trial thereof or the proceeding on appeal, if
the same is under review. In case the
maximum penalty to which the accused may
be sentenced is destierro, he shall be released
after thirty (30) days of preventive
imprisonment.
: This is in reference to offenders who have
served their sentences to prevent them from
committing another crime.
Art. 30. Effects of the penalties of perpetual
or temporary absolute disqualification. —
The penalties of perpetual or temporary
absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the public offices and
employments which the offender may have
held even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be
elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of
the rights mentioned. In case of temporary
disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article
shall last during the term of the sentence.
4. The loss of all rights to retirement pay or
other pension for any office formerly held.
: This is in line with the sentence: Public office
is a public trust.
Ex: A public officer committed a crime of rape
with murder. His final judgment was perpetual
or temporary absolute disqualification. Do you
agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public
officer commenced such crime, he is not fit to
be trusted and must be stripped of his duties
and obligations to the public.
In the given case at bar, the public officer
committed rape with murder, therefore, he
cannot be trusted and must be stripped of his
office, duties and obligations as a public officer,
as public office is a public trust.
Art. 31. Effect of the penalties of perpetual
or temporary special disqualification. — The
penalties of perpetual or temporal special
disqualification for public office, profession or
calling shall produce the following effects:
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar
offices or employments either perpetually or
during the term of the sentence according to
the extent of such disqualification.
: People in office who had committed a crime
shall be deprived of their office. Like in royalty
for example, if the king commits a crime, he is
forced to abdicate and thereby stripped of his
title and office.
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage. — The